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TEE NORTHERN STAR. SATURDAY, NOVEMBER 12, 1842.
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Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.
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TRIAL BY JURY—1794 . On Saturday evening , a dincer took place atRadley ' s Hotel , Bridge-street , Blacfcfriare , in celebration of another anniversary of the acquittal of Thomas Hardy , John Home Tooke , and John The ! wall , in 1794 , and in commemoration of the institution of the " Trial by Shortly after ax o ' clock the chair wss taken by 1 . S . Dancombe , Esq ., M-P . There were also at the npper table Col P- Thompson , W . Coztes , E ? q .. K . Taylor , Esq ., Major Ravell , the Canon Riego , A Galloway , Esq ., a P . Thompson , Esq ., P . A " . Taylor , Esq ., Dr . F . pps , and J . Coppock , Esq . About 130 gentlemen , veil-known for their steady and - coexistent support © f liberal principles , at down to dinner . The cloth haying been drawn ,
The Chairman rose , and was most enthusiastically received . He said he had now to propose the first to&st of those which he should have the honour of submitting to them . It was one of which , out of a meritorious , but mistaken , notion of galhntry , had of late years been departed from . It was , " The Sovereignty of the People "—( immense cheers ) . He-was glad that such toast had been placed first on the list , aEd he wa 3 sure that there had never been a sovereign who was more ready to acknowledge the authority by which she
reigned than Queen Victoria—( cheering ) . Whether the same disposition was felt by the -wretched faction ¦ who now unfortunately surround her , and who had forced themselves into power , as much detested by the people as unwelcome to the monarch , he mucn doubteJ —( cheers ) . But the circumstance thst " such a faciiou now surrounded the Queen was the best reason why they should commence with proclaiming that which they ahould always be prepared to assert— " The Sovereignty of the People "—( loud applause , three timsa tVee . and mnch subsequent cheering ) . "
The Chatkma > next proposed , " The Queen , long may sbe live ! to see the condition of her people improved , the laws reformed , and the privileges of the people greatly extended . " ( Loud and lotg-continned applause . ) Tbe ChairMaS said that perhaps they would understand the next toast better than he did ; . it was u An honest Ministry—consistent men—good measures . " He was afraid that , under the present system of representation , such a wiEh was the day-dream of a political enthusiast , but if any believed that such a wish could ever "be realised , no one must think that by tbe toast they intended to pay the slightest compliment , or to allude in the smallest degree , to her Majesty ' s present Government—( cheers , and lioghter . )
Testing the Government by the rule of the toast , that the ministry was an honest one which was composed of consistent men , and which gave good measures , ¦ what ¦ were they ? He would mention one instance : the gentlemaa that did them the honour to preside over the Home OSce—( cheers , and laughter . ) He 'Sir J . Gnhamj bad oace said , that the Terr men with whom he sow acted , were " the materials of the worst cabinet that tiiis country had ever produced . '" Such was the consistency of the members of tbe present Amin 5 ~ tration , aad the good or evil of their measures was proved by the present condition of the country—I cheers . ) Whilst the ruined manufacturer , tbe duped agriculturist , the starving artisan , were crying ' shame ' npon them , they were meeting at a handsome house at Windsor— ( laughter )—and proroguing the
Parliament for a still longer period . They cared for nothing but their own csnrenience" They wished nothii . g but the enjoyment of country sports . " With Bush men the meeting of Parliament was regulated by the partridges more than by the people—( cheers and laughter . ) The Parliament had been prorogued when the shooting season commenced , and it would not roett t ^ ain until the shooting season was over—continued cheers and laughter . ) Human nature could not be expected to endure evils so intolerable . The oniy remedy however , was with the people themselves ; and if the people exerted themselves boldly , then , and then only , would the wish be fulfilled which was conceived in th « toast he had the honour of proposing— "An hones MisJatry—consistent men—good measures . "—( loud and long-continued cheering . )
The ChaihmaM again rose . He said he had low the honour to prspose tbe toast which was more immediately the objret of their meeting— " Tbe purity of trial by jury . "—; Loud applause . ) When he siw himstif surrounded by gentlemen who half 3 century ago bad vri : ~ neseed the dismay , the indignation , and natural e 9 rrow ¦ which was excited by ths exile of the Scotch patri -ta . Jtluir . Palmer and the others , and the exultation ¦ which the acquittal ofHarfj-. Bome Tooke , aad Ti . eltraji bad caufisd . he could not but regret that tbU to . i £ t tad not procsed&d from soae of them . He , however , believed -hat tfeere never had been a period of Briti s h history in which it was more necessary for the people to st-and by that palladium of liberty th » : i the present . T . > be sure the present government came not so msvfuliy forward
as William Pitt had done , to attatk tii& iibeiiy of the subject , but he feared they wouW suneptitiousiy undermine . it in as dangerous a manner . It ¦ vras the tsp-eial duty then , ' of the juries who had to try cases of ^ eiiition—a charge totally undefined by tbe laws of the country—to be oa their guard , and to drftnd their oppressed brethren . Persons charged with high treason , it had been said , " were cevered with the whole armour of tbe iaw ;" but the defence of the man -who vas charged with sedition was at the discretion of the juije—hear ) He alluded to I'M * fact in constqntisc- of ¦ w > -t had recently occurred at tbe trials at the Special Commission in the counties of Stafford , Chester , and Lancaster . Hb was sure there was not aa individual prefect who had not read the charge of one of iLb learned judges
who had been selected by the G-jvemment for that important duty . If such charges ~ se : e- allowed—if the special juries were to be directed , as tb * : grand jury had been , by Lord Abinger , at Liverpool—he would fearlessly siy tbat no man ' s liberty , no man ' s life , wouid be tale , if tried by that individual—xTreruendons ^ axd long £ ortinued cheering . ; H .- said , therefore , there ntver ma a tice in which it had been more necessary to maintain the independence of the juries— ( appia-se . ; He doubted not that many persons there tad rca-i Dean Swift's " History of Political Lying . "—laughter . ) The X > ean there said that the Whigs and Tories oi his day were both celebrated for lying , bnt which "bao tbe best of it he found it difficult to say—( lauithtrr . i If he , however , had lived in these days he would have fennd
an Abinger and a gentleman silting at the Home Oincc equal to any of them —; Great cheering and laughter , In illustration of his opinion , he would tell them what occurred on the evening of the day npon which the commission was seat into the country . In the " History of Ljing" to which he had ailudeil , the Dea . n had styl&d one lie the " terrifying lit "—( Hear , hear , and laughter . ) This " terrifying lie" the Government had studied , for on tbe eve of the day of the ifcuing the eomiaissifn they had ordered arrtsis to be made in different parts of the country , as well as in London . ( Cbeers . ) Several persona kls were called Chartists , F O'Connor and others , were arrested , and for vhat object ? Why , to terrify Uie public mind , and to impress upon the juries the idea that a drtadful
conspiracy was brtchiEg—that a fearful revolution was on fuot ( Loud cries of ht ^ r , and cbeers . / Tliese were charged with offtnees equal to thosa alleged against Hardy , Home Tooke , and ThelwiiIL . Enormous bail was demanded at the police cfScea . The trials took place , and some of tbtej were transported and raacy imprisoned , which , under the present state cf prison discipline , w ^ s worse than executio , for it was a Ion * and lingering destb . ( Cheers ) Was cot such a system disgraceful to the G- > ver : mei < t ? Ths time -Kvn'd come when it would be imponsr . t to look isito this great question . The tiine had cosie -when jaries who had to tiy such charges must not ullow their prejudices to be aroused , and their judgments to be warped by the conduct of the Government . Lti them not itink
that the discontent whien prevailed amongst all classes of the people arose either from the ChattiEts on the one hand , or the Ai . ti-Cem Law League on the other—( cheers ,. —but let thsm , as they in justice were bound , lay the blsme , the guilt , and the culpability , at the door of the House of CornmonB . 'Load cheers . ) Let ' them attribute it to that c ; ass-legislation which has [ been the cause of misary to so many thousands of the British people . ( Hear , and immense cheering . ; It ' , ¦ was for them—it was for the British people—to put an j end to this nefarious and iniquitous system ; but above '
all things , they were bound nst to allow the conduct of the Gavtmment , or the charges of the Judge , to warp or prejudice their opinion , whilst they wero sitting upon jaries . Many members of the Government ¦ would say that he now was talking sedition . It was not sedition—\ cheers )—he was enly exercising his ri ; ht as an Englismsn to discuss public grievances in pablic assemblies . To stippcrt , strengthen , " and maintain that right he now begged to propose " The Purity of Trial by Jury . " ( It was greeted with loud applause , three times three , and continued cheering . ) *
Major Be veil said he had to propose'"Ths thre * Juries who , in 1794 , acquitted Hardy , Home Tooke / and TbelwalL" —( Applausa ) He observed that he had i lived in those times , and that such was the reicn of terror then existing , th : ; t those wholited in . the present comparatively quiet times could have no , or ' very imperfect , idea of what then prevailed . This was a period of repose compared with 1794 , bad as things were ; but then if any one ventured to say anything favourable to the claims and rights of man , he was liable to be insulted , or unceremoniously turned out of company—( Hr-j , hear . ) Every preparation was made to pack the Juries , in order to hang the parties accused ; and something like impartial Juries were only secured by the names of persona liable to serve having been pnt into and drawn out of a hat—( hear , hear . ) He had the greatest satisfaction in proposing the toast— " The three June * -who , in 1794 , acquitted Thomas Hardy , John Home Tooke , and John ThelwalL" lit was received and honoured with great applause . )
Mr . Coate * said that he had been complimented with having entrusted to him the proposal of a toast in honour of the memory of those whose triumphant acquittal they had that day met to celebrate . He had attended there to show his gratitude to the departed , and to support their excellent Chairman —( applause , i There was not in the House a more honest , straightforward , and independent representative of the people than the gentleman who did them the honour to preaide on the present occasion—( cheering . ) In Parliament , be rejected allccld , conventional ferms— threwing to ths winds all points of minor importance—having nothing to do with party ; he spoke plain truth in a place whe'e tru ' . h was rather unfashionable .- He wished there Were more such members in what by a faction was termed the People's House of Parliament—( cheerirg . j
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In proposing this toxst , in recalling the memory of the dead , he could not but observe that he missed many honest faces that oBed to appear among them ; and it was painfal to know that they had departed for ever Still all had not gone . He rejoiced to behold that Alexander Gilloway still lingered among them ; he had suffered mueh from indisposition , but it was gratifying to see that be had so much recover 1—( cheers ) . He ( Mr . A . Galloway ) bad not changed , as many others bad done , with every changing pale—he had honourably , steadfastly adhered to his principle *—( great applause . ) Besides the gratification . of seeing among them so old and steady a friend of the cause , it was most cheering to witDess the presence of ao many young men , ready , he koped , and was delighted to
believe , to carry on the great work in which such men as Haidy , Tooke , and Thelwali bad struggled—( applause ) Those men were , indeed , an honour to their country . Reform had in our time become something of a fashion ; inderd , it required some courage , even in a Tory , now-a-days , to say that he was against all reforms ; but when those men lived , it demanded much boldness and virtue of no ordinary character , to nvcw the advocacy of reform—( hear , hear . ) PiU at that period panted for the blood of the Reformers , and had he sneeeedeei , Parliamentary Reform wouJd have be-n staved eff for an immense period—( hear , hear ) .
He had to proposb the " immortal memory" of those ¦ who , by their boldness and courage , had done so much f <^ r the cause of Parliamentary Reform—who had been charged , and some tried , bat all of whom were found to be " not guilty "—( hear , hear)—and whose memories deserved to be embalmed in odours of never-dying praise —( applause . ) He concluded with proposing " the immortal memory of Thomas Hardy , John Home Tooke , John ThelwaU , J . A Bonny , Stewart Kyd , Richard Hodgson , Thomas Holcroft , Jeromiah Joyce , Thomas Wardell , Matthew Moore , John Baxter , and John Richter . " It was honoured in solemn silence .
Mr . P . Tnoiirsos proposed , " the memory © f Erikine , the gratuitous and able advocate of the accused patriots of 1794 . " ilr . Richard Taylor proposed " the memory of the London Corresponding Society , " by whose exnrtlons political knowledge had been imparted to the people of this country . They had advocated full , fair , and free representation ; and what did that mean bnt" Complete Suffrage ?"— 'hear , hear ) . He confessed he did not sympathise with those who were satisfied , because they had the franchise ; there ought to be Complete Suffrage ? iapp ' . auce . ) Property was not entitled to excluaiveness ofpawer ; av . d as to the land , it bad only exercised pjwera to relieve itself from burdens , such as land-tax snd leracy duty —( hear , hear ) . A landowning
Parliament had plundered the people ; it had been an organised body to plunder the rest of the community . That was ihe plain English of the matter —( cheering tcni much laughter ) . And what had been the consequences of having a landowning Parliament ? One in thirteen manufacturers waa a pauper ; and one in seven of the favoured agricultural class was a pauper—( hear , hear . ) There were other countries not s'j happy as this ; they were destitute of tbe " high" class ; to be sure they were equally rid of the destitute class—( laughter and cheers )—and those countries had got rid of those blessings called primogeniture , entails , Ac . securing a more equal distribution of property among children . To be sure , those countries had not the happiness of possessing " higher ord-.-rs ; " they had not an
aristocracy ; so that they had not the advantages of possessing . the HertFords and the FranVforts , who did so much to diffuse reEued taste and elevated morals ( tremendous laughter and cheering . ) Therefore all questions had their good and bad sides ; so that he feared if they were to get rid of the destitute classes , they would also have to undergo the loss of such elevated examples as those to which he h » d alluded'great cheering and laughter . ) The toast he proposed with great pleasure . Though few of the society ( which was suppressed by Act of Pjrtfament !) remained , he had great pleasure in seeing that Alexander Galloway still survived—( applause . ) He concluded with giving " The memory of tbe London Corresponding Society , " which was duly honoured .
The Chairman added to the toast— " And the repeal of the law that suppressed the society "—( loud applause . ) > j r . A . Gilloway rose to return acknowledgments , bn ^ he w ? 3 so affecf-d by the kiml and entbusirnic manDer in which he wa ^ received , that for seme time he was unable to express hia gratitude for the notice taken of himself , and the honour done to the memory of tbe society . He earnestly enlarged on the ustfal and straightforward character of the society , and the good it had done . TEey constituted a large political school , and they were tbe first who taught the people the value of political information . It , bowever , had tbe misfortune to be largely misunderstood ; and , consequently , it had a large share of political odium to withstand . It was now , however , well understood , nnd all who were acquainted with Its character and conduct knew that the country , the cause of political information , had been miucb indebted to it—( bear , hear )
Mr . P . Taylor proposed " Freedom to tradeprosperity to agriculture , "—being doctrines broached by no lees distinguished a person than Sir James Graham—ilaughter and cheers)—and advocated by Sir Robert Peel —; h ? ar , bear ) The corn laws still continued certainly , bnt all argument in support of them had been abandoned—fores alone now maintained them . Mr . Hoixjkik proposed "The memory of Margerot , Gerald , ilnir , and Palmer , the victims of an arbitary and vindictive Scotch court in 1793 ;"' observing that their prosecution showed how different was the state of political information in the two countries . In England the spirit of liberty had been assiduously cultivated ; in Scotland , at that period , it was not known . And as to jur ita , they obeyed the direction of the judge . —( Hear , hear . ) A free press did not then exist there ; the spirit of liberty was unknown in Scotland at that time , — i Hear , hear . ) The toast was duly honoured .
Dr . Erps proposed " The Liberty of the Press , " which vras received and honoured with enthusiasm . Dr SJJii'SQ . N proposed " Daniel O'Connell and justice to Ireland . " He did not know any reason why this toast had been placed in hia hands , unless it was the fact of his bdng a native of Ireland . Mr . Dunbar , the present mayor , and lately member for Belfast , was in the habit of boasting that ho had been a Protestant , and that he had sucked in Orangeism with his mother ' s milk . Like him , he ( Dr . S . i had sucked in Protestanism from his mother's breast , but , thank God , it was mixed with Christian charity and love towards his neighbour . Unlike Mr . Dob bar , whose bigotry and hatred of Papists increased with his years , every day ' s experience proved to him that there was as much honesty of purpose and goodness of heart among Roman Catholics as among Protestants . He , therefore , felt unmixed pleasure in proposing the toast .
CoL P . Thompson proposed " Radical Reform , " which was greeted with loud cheering , Mr . Horslc-y proposed " The immortal memory of Washington , Frackl ' m , and other founders of liberty in the United States . " A Gentleman suggested thut they should add Thomas Paine . The Chairman said the toast pat in his hand was , " The immortal memory of Washington , Thomas Paine , Franklin , &c . ";—( applause )—which was applaudingly honoured . Sir . H . Patten gave ¦• Civil and R-ligious Liberty all the wurld over , " -which vfas honoured with Warm applause .
The meeting did not separate till nearly twelve o ' clock . It was one of great interest throughout , and so fully occupied and deeply interested ware V 9 company , that no sinking was required to pass the time-
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THE RASCALLY PRESS AND THE THREATENED SPECIAL COMMISSION . To talk of the justice of this country , or the impartial administration of its laws , haa long been a farce disgusting : o all reasonable -and right-thinking men . But we live in times when faction 6 eems resolved to do its work , aud- * ush to its own destrHction over the trampled remains of British freedom . Wo submit the following choice morsel from the Dublin Monitor , as a fair specimen of the reckless and devilish career pursued by the whole press of " thfl estahliskment : "—
There is a report Very genera ! that , at the clo ? e of tha present term , a new comir-Vion W '' l be issut-d for the trial of Mr . Feargus O'Conuor und the other Chartists who have traversed . It is thought that the Government is particularly anxious to have thet-e cases disposed of previons to the meeting of Parliameat As to the fait of the accused , hut tittle duubt can be entertained , for tney have excited the strongest prejudices against
themselves . The Tories and Whigs rival each other in tfeeir detestation of those most unhappy politicians . The first fear them , because they believe tbat tbe ultimate aim of the Chartists is to destroy property ; the Whigs Hate them , because they not only refused to aid in the Anti-Corn Law movement , bnt did their utmost to render it unsuccessful . I have heard some anecdotes relative to their " preachers / 1 which I purposely reserve for another occasion . "
In this deliberate attempt to prejudge the cause of the doomed victims—this crusade against the rights of humanity—the whole press of the factions , from the Times and Morning Chronicle to the most paltry print which their gold can bribe or their threatening terrify , has done its best to close up the remotest chance of a fair trial for the accused . Let the country note well the language of the scribbler of the Monitor , and let them recollect that the Monitor is par excellence , a " Liberal , " not one of O'Consell ' s tools , but an advocate of liberty ; and yet this Liberal paper joins with the most
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rascally of theJConseryative journals in seeking the destruction of these who are endeavouring to " undo the heavy burdens , and to let the oppressed go free . " We especially call attention to the fact that the miscreants of the press are doing all they can to prejudge the oase , and to force the jury class into the cominjj to a verdiot of gnilty . We have seen this to be the game for some time ; but the Monitor has overshot the mark , and win not , we fancy , get much thanks from his masters for thu 8 drawing aside the veil , and admitting ua to a peep behind the curtain , We are told that the Special
Coirmission is to be issued for the express purpose of " trying Mr . Fbargos O'Connoe , and the other Chartists who have traversed . " So , sol the law allowed the victims of malicious treachery to traverse , but the Government Bets itself above the law ; and , by means of a Special Commission , ( for which it is not pretended the state of the country affords the s'ightest occasion , ) the right of traverse is to be virtually taken away , and those who constitutionally cannot be put upon their trials before March are to be unconstitutionally compelled to endure all the hardships of winter travelling , and all the horrors of winter confinement , if the proseoutors succeed in getting a conviction . Well , we live in an age of improvement , and we suppose this is one specimen
of it . Mr . Feargus O'Cowor mast be sentenced ; ( and he will be , and no mistake , if the efforts of one of the vilest of the vile reptiles of "the race who write" can succeed in his murderous design . ) Bat Mr . O'Connor must have the appearance of a trial , and so must all tbe rest ; and , in order to keep up the form of law , while itB spirit is being violated , the country must endure the infliction and expence of another Special Commission . The fact is , Government have a case which will not keep ; they daTe not leave it to the decision of even middle class jurors , when calm reflection has had time to operate , so they will try the Chartists now , lest when prejudice shall have had time to cool , a verdict of acquittal might be the result .
That there does exist in the press , and consequently in the minds of the higher and middle classes , of which the press is the index , a prejudice against the accused , is proved by the above from the Monitor . "As io the fate of the accused but littlb DOUBT CAN BE ENTERTAINED , FOR THEY HAVE EXCITED THE STRONGEST PREJUDICE AGAINST THEMSKI . VE ^ " !! j And has it really come to this ?! Is the fate of the victims of a political persecution so certain that a newspaper scribbler can predict , with almost certainty , the fate of the accused ?! The constitution
holds every man to be innocent until he is proved to be guilty ; but it &eems that reform haB reversed the whole affair , and the man is to be pronounoed guilty and then to be insulted with the mockery of a trial . Yet , judging from the way in which Government seem resolved to proceed in reference to those who having traversed and entered into the required securities , supposed their liberties certain until March , it does seem that a conviction , with or without evidence , is resolved on ; and the press of every shade of politics is hounding on the Executive of the country to its work . Mark the
secret way in which this infamous scribbler tries to influence the jury class . The Chartists " have excited much prejudice against themselves , therefore the late of the accused is all but certain . " That is , in plain English , " the political opinions of the accused are in opposition to the opinions and supposed interests of those who have to pronounce upon their guilt or innocence . These persons are so much the slaves of prejudice as to let it predominate even in tbe jury box , and , though sworn to give a true verdict according to the evidence , they will go point blank against it if need
be , in order to gratify that prejudice which must be satiated even at tbe expence of public odium , and corrupt perjury . " If the words oa which we are commenting mean anything they m « an this ; and if there be one spark of real English feeling left in the bosoms of the middle classes , they will feel and repel with indignation the foul calumny thus heaped upon them . Of course it is not for us to say what will be the result of the coming trials ; but we do know that a publio prosecutor never came into
court with a more despicable or paltry case , and we also know that if the jury do really valuo the oaths they take , a conviction upon sucii evidence is impossible . But the drift of all this is clear enough . The charge if left to itself , must fail ; hence it is sought to make it a party question , and to excit , e strong party prejudices against the accused , that the verdict which honest convictiou would never give , may be secured by an appeal to party prejudice and passion .
If our readers doubt this , let them look at the concluding portion of the sentence we have quoted : — ¦ " The Tories and Whigs rival each other in their detestation of those most unhappy politicians . They first fear them because they believe that the ultimate aim of the Chartists is to destroy property . The Whigs hate them because they not only refused to aid in the anti-Corn Law movement , but aid their utmost to render it unsuccessful . "
Come , Mr . Monitor , this is speaking out with a vengeance . The Tories fear the Chartists , and the Whigs hate them . What for ? Because the first deem them destructives , and tho second find it impossible to make them such . Thus the picture of Chartifim as drawn by the oppressing factious is destructive and non-debtructive at the same time . And ko it is broadly intimated that , as the Chartists refuse to become the tools of either faction , it is resolved , without evidence , or in defiance of evidence , if need be , to make them the victims of both .
There is mueh in the few lines quoted above which should call up the energies of the people , and makothem resolve that -he cause shall be triumphant . We have no doubt that " the Government is particularly anxiou 3 to have these men disposed of previous io tbe meeting oi Parliament . " No doubt , Government would be extremely glad so to dispose of the cause , as well as the men ; but , thank God , that is beyond their reach . These Chartists being
at large , and ready to direct the energies of the people at the opening of Parliament , would , no doubt , be extremely inconvenient to the occupants of Downing-Btreet ; and therefore all decency mu 3 t be eet aside , all , even the appearance of "fair-play ' violated , justice insulted , and the ' majesty of the law" once more exposed to tho contempt of the whole country , for the noble purpose of precluding the voice of the . people from disturbing tho gage deliberations of our assemblies of Incurables !
What fools these fellow ? are ! Do they think that the incarceration of the leaders in factionruled dungeons will still the storm or hush the raging of the tempest ! As well might they expect to frustrate the laws of the universe by one of their Acts of Parliament , or by a lithograph missive from their renegade " man of all work , " Sir James Graham . No ; Government may be anxious to get all the people's tried friends incarcerated , but the day which consigns them to a dungeon
will sound the death-note of faction ; and the people will take care that Parliament shall not rest upon a bed of down while suffering patriots are doomed to separation from their , homes and all they love . This anxiety so evidently displayed by Government , and by the masters of the Government , the yillanous middle classes , is an infallible sign of weakness ; they are falling , and they know it . Hence , in their madness , they catch at anything . But their doom is sealed .
After all , it must be admitted that faction fights hard and dies game . It is a most relentless adversary . Iu its death struggle it can afford to miss no vantage ground , however cruel or dishonourable the means of itB attainment . If the purpose of the authorities be rightly surmised by the Monitor and its co-mates of devilism , there is much in this arrangement which beBpeaks the vigilance and the anxiety of faction . Much that shews the fell determination of the factions to " put down the movement" at all risks .
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It was known that arrangements were being made as fast as the crippled resources of industry permit , for the raising of funds for the defence of the accused , and for the maintainance of their respective families , when the juries " have done their work . " This , the scoundrels for whom the whole of »• Established press" write , would regard as an evil of no small magnitude . The struggle is for life !; it is to put down Chartism ; this could be effected probably with more ease if the provision of the people for its "doomed" advocates eould be interfered with ; and hence the determination
for a grand effort to get them into gaol now , and starve the viotims in prison , and their families out of it . This triumph the rascals must not have . The whole country must now arouse itself , and funds must be instantly raised both to meet the expenoe of the ensuing trials , and to provide for the victims and their families , while endiiring the privations and sufferings inflicted by the wicked administrators of class-made law . Let active Committees be at once formed in every locality . And let not the members of our association be alone called upon to aid in this cause :
but let every Bhopkeeper or tradesman , especially those who profess to be Liberals , be solicited ; and lot the Chartists adopt , as far as it is practicable , a system of exclusive dealing . Let , * for this once at « 1 I events , the pipe and pot be abandoned . Let him who thinks it hard to be deprived of his pint of beer , recollect that the threepence he pays for it might procure bread for the famishing child of a class-made victim of oppression . Wo see in this persecution an infallible test of principle . Let no man who indulges himself in an unnecessary gratification at a crisis like this , dare to profane the name by calling
himself a patriot . This is no time for talking but for action . Make a bold front , and the reptileB will shrink from you with a humbling sense of their insignificance . But be supine aud negligent ; let them see that they can condemn your beat friends to slow murder with impunity , and you may rely upon it , the sentence of condemnation will be of no sparing character , while you your . selves will be the next victims , until not a vestige of your boasted liberty remain . If the people wish to gain their rights , let them them prove by their actions that they are worthy of them .
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influenced by other motives , which they kept a secret from the parties , afforded the strongest presumption of corruption . " This reasoning most have been conclusive to any Judge on whom reason could make any impression . But it was all lost upon Mr . Justice Patteson , who has evidently made up his mind to sanction aay stretch of power or perpetration of injustice , provided the offenders be Magistrates and the victims Chartists .
" Mr . Justice Patteson observed , that upon the statement of the Learned Counsel , there appeared to be no evidence of any corrupt motive having influenced the Justices in their conduct . That he did not mean to state it aa his opinion that the conduct of the Magistrates was at all proper in the circumstance * . The question npon tbe present application was not whether the Justices werejuuatifled in what they had done , but
whether they were bo manifestly influenced by partial and corrupt motives as to be liable to the peculiar and extraordinary proceeding of a criminal information . Before be ( Mr . Justice Patteson ) granted such a rule as tbat which was now applied for , he must be satisfied of the corrupt intentions and motives of the Magistrates by such conclusive and satisfactory evidence as he could not perceive to exist in any degree in the present instant ) . "
And then , having thus declared his inability to discover that , which is clear beyond dispute' to any unprejudiced mind , this decider upon the conduct of his fellow-men , and who is in the theory of the law supposed to be counsel for the prisoner , and is sard to be bound to make prominent every point in his favor ' proceeded to institute one of the most vilianous comparisons which ever disgraced the bench of justice" The very thing which the magistrates had done in the case in question had been formerly done in this court by a learned judge , who rejected a person who was tendered as bail , and who was unobjectionable in reference to the necessary amount of pecuniary qualification , but who kept a gambling house , "
To which vile attack upon the characters of honest men , the council for ths application most promptly and properly replii d that he " Submitted to his Lordship that there was a great difference between rejecting a man as bail because he kept a gaming-house , or was otherwise liable to the criminal justice of the country for having committed some indictable offence , and rejecting him for no other reason than his conformity in political opinions with the party for whom he was to be bound . "
What the Learned Judge might think of this , it is not for us to say ; but we do perceive what the people , who are taunted with their ignorance and brutality , will both say and thiuk about such a vilianous comparison . It might be , no doubt , an excellent reason for refusing a man as bail who kept a gambling house , or even a man with the habits of the gambler ; because however rich he might be . at any given moment , he might become a beggar within the next half hour . But are men such as these to
be classed with the honest entertainers of political opinions , however unpalatable those opinions may be to those in authority \ This disgrace must be wiped away , and will be when the people , feeling as they ought to do , their accumulated wrongs , resolve to obtain their rights , and place those whose province it is to administer the law , under the control of public opinion , by making them really responsible to a freely and fully chosen Parliament .
One thing is clear beyond question , that is , that if the doctrine be admitted that the magistrates may refuse bail quite unexceptionable oa euch grounds as these alleged by the ] Stafford authorities , the holding men to bail is a ridiculous farce , and the liberty of the subject a mere name . - It is certain that , in a majority of cases , an accused party must look for sureties amongst those who are of the same opinions as himself , and if this is to be deemed a sufficient ground for refusal , then we may as well be told at once , that it is resolved that no Chartist Bhall ever be allowed bail . This is evidently what is intended ; and the sooner the doctrine is officially promulgated the better .
Another inference from this case is not to be lost sight of . If , on such grounds , bail may be refused before trial , it may also be refused in cases where sureties to keap the peace are required after the expiration of the sentence . It is no uncommon thing for the Judge to sentence a political offender to a term of imprisonment , and then to find bondsmen in a considerable sum for his keeping the peace for a length of time afterwards .
Now , if Magistrates may thus act in reference to bail , the transition is easy to the bond required after conviction ; and then it will be in the power of any malignant rascal in the commission of the peace to inflict imprisonment for any length of time he pleases , by merely declaring that he is not satisfied with the security tendered on the part of the
prisoner . Let the people look to it , for in it they are most deeply interested . There is a deep and deadly hatred to liberty in tho bosoms ot all in authority . The movement is to be put down at all risks , and no method , however unjust or tyrannical , will be left untried to accomplish that object . The factions will do their worst in crushing public opinion ; if the people do not do theirs by a bold , manly , and determined , but peaceful resistance to the usurped authority of their rulers . . ¦ Let , then , union be our watchword , and by union let us regain our rights , and give a blow to the oppressor from which it will be impossible for him to recover .
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THE QUARTERLY BALANCE SHEET OF THE EXECUTIVE . ¦ . " ' This important document will be found elsewhere inserted . We call to it the especial attention of all members of the General Council , and , indeed , of all members of the National Charter Association . We hope that every man will read it carefully , and that every man will refer carefully to the plan of organization , and read them together . Wise , active , and honest public | servants always thank the people for the exercise of vigilance . Nothing is so necessary and especially at this time , as that the people should look well to the conduct of those who have the guidance of their movement and the control of their
funds , giving honour to whom honour may be due , and according such censure or admonition , as may serve to keep every foot in the strait and straight path . If the peopla have a fault , ft is that they are frequently disposed to be too remiss in surveillance , whereby small deviations from right practice , too often grow at length into frightful aberrations from principle , which compel them to cast off parties who with better watching might have long continued to be good and useful servants . We have neither space nor time this week for the directing of attention to many items in this document , which we think specially deserving of regard . Whether we may do so next week or not , we trust that the
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people will at all events make themselves intimatel y acquainted with it ; that they will read it careful ly along with the plan of organization , and obserrj strictly the degree of faithfulness with which the funds passing through the hands of their acknow . lodged servants have been appropriated and expend ^ in accordance with its provisions . We think thj Executive have aright to require this of them ; ifc ij well and necessary to exhibit palpably the contrast between the mode of management adopted in like matters by the factions over whom the people have no control , and by their own appointed and responsible publio servants . Nothing tends more forcibl y to illustrate the value of our principles than the comparison between reckless class rapacity and stem democratic honesty .
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Robert Turnbull . —The flaming "professor" who told him that to die of hunger was one of the greatest blessings of Christianity is a fool , and something more-Wm Crany . —That is the right way to meet the " plague " 'men . Argument is just the thing they don ' t like . ¦ F . Popplewell . — We have another long letter from W . P ., this week , which occupies all the space we can now devote to the subject . We will try fo fi nd room for him next week . The Executive . — We give the letters of T . M . Wheeler and Mr . Watkins , omitting from the latter one sentence . We hope our friends will
always try to conduct their discussions in good temper and without asperity . Where all are honest and mean well this is important . Dif . ferences of opinion will , probably always exist among us—nor is it desirable that it should be otherwise : the great thing to be minded is to express our opinions without using unneccs ~ sarily offensive terms , and to give all good men credit for good purposes . A . G . —ffis question was answered before . He must pay the rent and taxes to secure the settle ' m ' ent : Wm . Blare . —We cannot give him the informationnhe seeks with so much preoiseness as he
seems to require . 'Tisnot easily found out . Evan Davies . — -We believe that Mr . Edwards does not give anything to the Executive . Samuel Clarke . — -We have no information « n the matter . He must address the Treasurer . Joseph Morgan . — We have no room . ITockenfield . —We have not room for the long printed address sent . G . A . N ., Sheffield . — We have no wish to ques ' tion the warmth or sincerity of his patriotism i but we cannot insert his letter . The day of hard words and strong epithets has gone by ; they are lost upon the factions , who only laugh at them , having no sense of shame ; and they are calculated only to excite in the people a blind fury , which does much harm . We perfectly and hear ~ tily concur in his urging upon the people the duty of alleviating , so far as ( hep can , by sub ' scribing money for the purpose , the sufferings
of those who have exposed themselves and fami ' lies to the brunt of battle on their behalf . This is what the people ought to do , and what we cannot suppose they will omit to do . We are aware that there is much poverty in the country , and thatpeople need alt their money to pro-¦ - ' cure the most ordinary comforts for themselves ; but we cannot suppose there are many English ' men who will for a moment hesitate to sacrifice something , even of their scanty necessarieS i to aid those who have boldly and benevolently braved on their behalf much greater matters of endurance . Wm . Poruitt , BourON . —We have nb room . Wm . Loud , of Red- Lion-street , Richmond , Surrey , will feel obliged if Mr . Jos / yri , late of the Lambeth locality , will communicate his address , as he ( Mr . L . j has something of importance for him . '
BACVP .- ^ Any lecturer intending to visit Bacup must communicate with the corresponding secretary , James Pmkerton , to the care of Anthony Marsden , Temperance Hotel , Bacup , and await his answer , otherwise his services will not be accepted . Bradford . —The person who has this week sent us a lot of news from this place will save us much trouble , and himself a . great deal more , if he will not cut his paper into such small odds and ends . ' ¦ Robert RaM 3 Den , Salfobd—Ltach was perfectly right . ** I WILL HAVE MEBCr , AND NOT SACRIFICE . " shall
appear . Nathaniel Mohxing will see that the PJS . to Mr . Campbell ' s letter , in this week ' s Star , hat made his letter unnecessary . James Maw calls loudly on the Chartists of Durham and the North Riding of Yorkshire to bestir them on behalf of Ellis . ? . O'D . —His report of the lecture and discussion is not of a character to suit us ; having no efficient notice of the lecture , only one of thediscussionists being reported , and no result of the discussion given : we thank him , nevertheless , for his good will . ¦ : , Wm . Foster . —Yes .
Will Mr . " Wm . Thomason , late of the Vale of Leven , send his present address to John Millar , bookseller . Bonhill , ashe wishes to communicate with him ? The Hull Councillors wish to correspond with Mr . West , late of Derby County Gaol . The Letter of Mr . John Campbell in . his own Defence . — We feel some apology to be due te our readers for having , by the insertion of this letter , permitted pur colums to be again polluted with a name which we hoped never again to see in them . The unprecedented villany and brutality of such an attack upon men circumstanced as Mr . Campbell and his fellows are , must furnish our excuse . It was natural that Mr . Campbell should feel it . His letter is temperate , mild , and gentlemanly , and by these very qualities , places the hideousness of * the thing" in a tight so prominent that none but like "things "
can avoid loathing it . We haoe received many communications upon the subject , exhibiting a spirit of indignance among the people ; and many resolutions of meetings holden for the expression of opinion on it . To prevent disappointment , we may as well at once inform all parties concerned , that we will have no more of it . The people may meet if they like : we think they mny find much better occupation for their lime ; but that is their affuir , not ours : we have certainly much better occupation for our space ; we know no man to whom we would hav $ permitted any allusion to the matter in our columns but Mr . Campbell , and we except him only because of his peculiar position , station , and circumstances- To all other parties we say that it is perfectly useless to send here one word about the starved viper or his slinking cess-pool . We will not permit them even to be named . ¦
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EXCESSIVE BAIL , AMI ) THE STAFFORDSHIRE AND BIRMINGHAM MAGISTRATES . In another part of pur paper will be found a letter from George White , and also a report of proceedings in the Bail Court , before Mr . Justice Patteson , in reference to the refusal of bail for Mr . O'Neil by the Staffordshire authorities , to both of which we beg to call the moit serious attention of all our readers .
The proceedings of every day tend more and more to convince us of the intolerable nuisance of class legislation , and of those institutions by which it is fostered and supported . The most glaring injustice is constantly perpetrated by the local magistrates who have , in general , been placed iu the Commission of the Peace , not because of their fitness for the important duly of . administering the laws ,
but because of their strong party bias , and their ignorant and > rancorous hatred to everything bearing the shape and semblance of popular freedom and independence . That this is the case in Birmingham , no one , at all acquainted with the constitution of the Bench of Magistrates in that town , can for a moment doubt ; and the infamous proceedings in reference to poor White prove that their Worships have no regard either for law or justice .
White tells a tale at which Englishmen ought to blush that such a system of flagrant injustice is suffered to exist in a land calling itself free , and boasting of its C hristianity . After stating that he had received two letters , one of which was from the prosecuting attorney , informing him that eight sureties in fifty pounds each were required ; and the other from a friend at Bath , stating thatifourin * like amount was demanded , he proceeds : —
"I am unable to say which statement is correct ; but this 1 know , that the names and residences of nine sufficient persons wrre handed to Mr . Griffiths on Wednesday last , and ou Friday he delivered his decision to my friend to the following effect : —Messrs . Nurse and Hemming were accepted and Messrs . Taylor , Watts , Corhett Follows , Wright and Moule were rejected . Another gentleman , named Grattan who is a press-tool maker , ia not yet decided on .
. " From the conduct of the Birmingham Authorities , it iB quite clear that thtiy are determined to keep me here until the Aasizjs . From the time of my arrest to the present moment they have acted basely towards me . At tho conclusion of my examination I applied for bail , which- was granted , the Mayor informing me that he should require two sureties in one hundred pounds each , which , he said , would do for all the three indictments . I had then two respectable freeholders in court , who were well known to be worth ten times the amount , waiting for the purpose of offering themselves as my sureties , and informed the magistrates that I was then prepared ; upon which they said they must have fortyeifcbt hours notice , although-the two persons were as well kown as any in the town .
"In ten minutes after , I was hurried off to this place . a ? dibtance of twenty ; one miles from Birmingham ; and for some reasons , best known to the magistrates , the men who came unsolicited to tender bail for me , afterwards declined . The next time that my friends applied they were told that four sureties , in £ 100 each , would be required , and the Governor of this prison afterwards informed me , that from the manner in which the commitments were signed , Tie should
require six sureties in one hundred pounds each , and that the Mayor must have known it from ( he first , he being the person that signed two of them . They have mnet : then refused about fourteen shopkeepers and tradesmen , who are worth a vast deal more than the amount required ; and I am informed that the policeman who was sent to inquire into the qualification of some of those who gave their names as willing to become sureties , threatened and bullied them about being Chartists . "
Certainly no man in his senses can doubt that the Birmingham worthies are ordered to inflict as much hardship and suffering on their victim as their fiendish minds can prompt them to invent , and their power enable them to execute . But . it is part of tho system , and will continue until the system itself shall have ceased to exist . That the magistrate ? , though conscious of violating the mp 3 t sacred rights of the subject , are encouraged to do so by the certainty of being . shielded by the higher authorities of the lawj is proved by the proceedings of the Stafford Justices , in the case of 0 'Neil , who was arrested on a charge of attending an illegal meeting , 'and after examination was
committed for trial , but as the law required , held to bail . Bail of tho most unexceptionable character was tendered and refused , because they held , or were supposed to hold , similar political opinions with the accused . After considerable delay this monstrous proceeding was set aside on an application to Judge TiNDAL , andthe bail at once accepted . On this a rule has been applied for to compel the justices so acting to shew cause "Why a criminal information should not be filed against them for having illegally , partially , and corruptly refused to aceppt bail upon the part of O'Neil , there being no objection made to the persons tendered as bail except that they were alleged to bo of the same political principles which were professed by O'Niel himself . "
No one , we should suppose , could for a-moment doubt the propriety of this application . It is as clear asnooa day , that the magistrates were actuated by party motives in their refusal to take bail , and as the Learned Counsel very properly argued : — " That , as in general , it wonld not be supposed that persons in the situation of O'Neil could procure bail from any other class of persons except those who sympathise with hia political opinions , it would be a most formidable doctrine to lay down that a Justice of the Peace may refuse bail upon the ground of their political opinions being the same as those of the party for whom they proposed to become sureties . ' And
that" It would not weaken the grounds of the application , as the Justices had no right to alter the measure of justice with any reference to the politics of the parties ; and if they ( the Justices ) had solely acted from political causes , it was impossible for them to contend that they were free from the imputation of partiality ; whilst it may be said in addition that the fact of their declaring that they wer *>
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THE STURGE CONFERENCE . The people must not let the multiplicity of the urgent affairs on hand prevent any of them from being duly attended to . Cool heads and even tempers do much work with little bustle . This is the spirit we want to see among the people : it is worth all the bluster and rant and botheration of all the mob orators in the world . The feelings of the people may be well and usefully appealed to , and their spirit stirred , in now districts , where our principles may be imperfectly understood , and where an apathy to politics consequent upon an ignorance of their value may prevail , but where our principles are well known , where they are rightly understood , and the
only question is , How are they to be made operative 1 . " the faculty in requisition is cool vigilancethoughtful and constant watchfulness—whichjturns all circumstances to account . Hence , therefore , while looking to the victims , and preparing for the trials , let not the Conference be forgotten . We had purposed to say something more upon it this week ; but , as Mr . O'Connor has written on it , we refer our readers to his letter . We intrcat them to read that , and to read our article of last week , and to mind the instructions given . We warn them that if they are not watchful , they will be " jockied ;" while the Conference may be made " a great card ' for the movement , if it be but " well played . "
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Tee Northern Star. Saturday, November 12, 1842.
TEE NORTHERN STAR . SATURDAY , NOVEMBER 12 , 1842 .
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^ — : The Portrait of T . Duscqmbe will be givento a ! our Subscribers on November 19 tb . They will be in the hands of all the Agents by November 16 th ; The charge for the Star on the day the Portrait of Duneombe is distributed will be the same as the charge for it on the day the Petition Plate was delivered . Yarmouth . —No : it was another person of tbat name J . Walker , Campsie . —Not strictly ; call upon Mr . D . wie , and see if you can arrange with him . DUNCOMBE . —Yes . FOR THE NATIONAL DEFENCE FUND . £ . s . d . From Bristol , per Simeon ... ... ... 6 3 6 „ a few friends at Bocking , E « ex .. ; 0 10 0 „ a few friends , Goggloshall , near Kelvedon , per Samuel Harrington .. ' . 0 6 6 „ a few friends at Coekermoutn , per T .
Nixon ... ... ... ... 0 5 0 „ Hull , per Mr . Wall ... ... ... 0 3 9 „ Hull , per Mr . Padget ... o 2 0 „ J . H ., Lseda ... o 0 3 „ a poor woman ... ... 0 0 1 „ E . Pybus , Leeds ... ... ... 0 1 . 8 ¦ ¦ „ ¦ a few Subscribers to the Northern Star and the Evening Star , Bradshawgato , Leigh ... ... ... ... 0 3 0 „ a fewChartists at Golbourne ... ... 08 0 „ Holbeck , per J . Davies ... ... 0 2 10 „ Shrewsbury , per E . Jones ... ... 0 12 « . ¦> ¦ the Chartists of So werby ... ... 0 7 * ¦ ' ¦ * , the Triangle , at Sowerby 0 8 0 .. Yarmouth , Norfolk , per W . Trosey ... 0 11 0 ,. the Chartists of Sntton , near Skipton in Craven , per Wm . Foster ... 0 5 0 ^ a few Chartists , Bingley ... ... 0 S 6 „ Bingley , ( transferred from Contested Seats'Fand ) ... 0 16 « „ a few friends at Rochester and Stroud 0 8 " « . a band of brothers , Shettiestone , near Glasgow ... ... ... ... l o C „ Mr . Ford , and N . B ., pet Simeon , Bris tol ... ... ... 0 1 0 „ Bromley , per Wm . Smith ... ... 0 3 ' ~ the Chartists of Aston-street , Birmingham ... ... 0 18 ' „ a few friends , Bsrry Brow ... ... 0 6 '
FOR MR . ELLIS . From the Chartists of Tredegar ... ... 0 6 " ^ two travellers , per B . H . ... ... 0 2 0 " i . a few friends at Rochester and Stroud 0 3 * „ a few friends at Bald-fas'd S ' .-j , Croydon ... ... ... ... ... 0 5 0 „ the Somers'Town Victim Committee 0 5 0 FOR MB . BHOOK . From the Somers' Town Victim Committee 0 5 9
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4 THE NORTHERN STAR , . - ; . ' ... ^^ /
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Citation
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Northern Star (1837-1852), Nov. 12, 1842, page 4, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/ns/issues/vm2-ncseproduct913/page/4/
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